|
|
Acceptable Uses and General Policies
The policies and guidelines expressed herein
supplement the rights and obligations of the
parties under the Service Agreement of even date.
This document establishes operating principles
and acceptable use policies as they relate to
the Customers use of the Internet and the
connection/services provided by ReDot Systems to the
Customer under the Service Contract Agreement.
General Policies
The Internet is a voluntary association of users
interested in and willing to exchange information
and data with other Internet users. At present
there is no oversight group providing governance
over the principles, policies or procedures for
use of the Internet or the information and data
accessed via the Internet.
In order to facilitate their contractual
relationship the Customer and ReDot Systems wish to
define a working protocol of principles and
policies and establish operating guidelines
and acceptable standards of use of the Internet.
To this end the parties agree as follows:
PRINCIPLES GOVERNING ACCEPTABLE USE OF
THE INTERNET BY THE CUSTOMER
1. Responsibility and Respect - The Internet
is a network intended for use by mature, adult users.
The Customer recognizes this principle and undertakes
at all times to act with respect, courtesy and
responsibility, giving due regard to the interests
and rights of other Internet user groups. This general
guideline carries with it the following specific
responsibilities:
a) Knowledge of the Internet - The Customer agrees
to obtain a basic knowledge of the Internet and its
operating principles and procedures.
b) Improper Uses - The Customer will avoid violation
of certain generally accepted guidelines on Internet
usage such as restrictions on mass mailings and mass
advertisements, pirating or copying of software, mail
bombing or other methods of attempting to deny service
or access to other users, and attempts to violate
security.
c) Compliance with Laws - The Customer will ensure
that its use of the Internet complies with all applicable
federal, state and local law and regulation, including but
not limited to those principles of law which protect
against compromise of copyrights, trade secrets,
proprietary information and other intellectual property
rights, libel or defamation of character, invasion of
privacy, tortious interference, and export of technical
or military data to prohibited countries.
d) Validation of Information - The Customer is
responsible for validating the integrity of the
information and data it receives or transmits over
the Internet.
e) Security - The Customer is required to protect
the security of its Internet account and usage. The
Customer's password will be treated as private and
confidential and not disclosed to or shared with any
third parties.
f) Discretion and Judgment - The Customer is expected
to use discretion in the treatment and handling of
Internet information and data and to take particular
care to insure that adult information is not transmitted
to juvenile users of the Internet.
g) Pornography - We adhere to U.S. laws and regulations regarding adult-related material of any nature.
h) Excessive CPU usages - Customers will not be allowed
to use excessive amounts of CPU processing on any of our
servers or face immediate suspension.
i) Resale of services - Customers may resell web space within their own account, but are responsible for the entire domain site content. Customers may not resell mail services including, but not limited to mail forwarding capabilities, POP accounts and autoresponders. The customer may not at any time resell access to, or use of, ReDot Systems's preinstalled scripts including, but not limited to newcount, imagemap, htimage, cgiemail as well as any custom or personally owned scripts for use by a third party while installed on the web server.Acceptable Uses Policy
As an Internet service supply provider ("ISSP"), we offer our subscribers the means
to acquire and disseminate a wealth of public, private, commercial and
non-commercial information. We also want our subscribers to be fully informed of
their rights and obligations -- and ours -- in connection with their use of the
Internet. This Network Access Policy, which supplements and explains certain
terms of each customer's respective services agreement (the "Services
Agreement"), is intended as a plain English guide to those rights and
obligations.
The fundamental fact about the Internet is that no one
--neither us, nor anyone else -- owns or controls it. This fact accounts for
much of the Internet's openness and value, but it also places a high premium on
the judgment and responsibility of those who use the Internet, both in the
information they acquire and in the information they disseminate to others. When
subscribers obtain information through the Internet, they must keep in mind that
we cannot monitor, verify, warrant or vouch for the accuracy and quality of the
information that subscribers may acquire. For this reason, the subscriber must
exercise his or her best judgment in relying on information obtained from the
Internet, and also should be aware that some material posted to the Internet is
sexually explicit or otherwise offensive. Because we cannot monitor and censor
the Internet, and will not attempt to do so, we cannot accept any responsibility
for injury to our subscribers that results from inaccurate, unsuitable or
offensive Internet communications.
When subscribers disseminate
information through the Internet, they also must keep in mind that we do not
review, edit, censor or take responsibility for any information our subscribers
may create. This places on subscribers what will be, for most, an unfamiliar
responsibility. When users place information on the Internet, they have the same
liability as other authors for copyright infringement, defamation and other
harmful speech. Also, because the information they create is carried over our
facilities and may reach a large number of people, including both subscribers
and nonsubscribers of ours, subscribers' postings to the Internet may affect
other subscribers and may harm our goodwill, business reputation and operations.
For these reasons, subscribers violate our policy and the Services Agreement
when they, their affiliates or subsidiaries engage in the following activities:
Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming")
is a strongly disfavored practice among Internet users and service providers. It
is particularly harmful not only because of its negative impact on consumer
attitudes toward us, but also because it can overload our equipment and disrupt
service to our subscribers.
Copyright Violation -- Violation of
copyrights held by individuals and corporations or other entities can result in
civil and criminal liability for the infringer, and can involve the ISP in
litigation and possible loss of reputation.
Distribution and/or
Transmission of Obscene or Indecent Speech or Materials -- Violation of
indecency and obscenity laws can result in criminal penalties. Adult sites are
not permitted.
Defamation -- Defamatory speech distributed over the Internet can result
in civil liability for the defamer and litigation against the ISP whose
facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks -- The
illegal or unauthorized accessing (often known as "hacking") of computers or
networks carries potential civil and criminal penalties under both federal laws
and the laws of most states.
Distribution of Internet Viruses, Worms,
Trojan Horses and Other Destructive Activities -- Distribution of Internet
viruses, worms, Trojan horses and other destructive activities, such as hacking,
can result in serious civil and or criminal liability under federal and state
law.
Export Control Violations -- The law limits the ability of persons
to export encryption software, over the Internet or otherwise, to points outside
the United States.
Other Activities, whether lawful or unlawful, that we
determine to be harmful to our subscribers, operations or reputation, including
any activities that restrict or inhibit any other user from using and enjoying
the service or the Internet.
As we have pointed out, the responsibility
for avoiding the harmful activities just described rests primarily with the
subscriber. We will not, as an ordinary practice, monitor the communications of
our subscribers to ensure that they comply with our policy or applicable law.
When we become aware of harmful communications, however, we may take any of a
variety of actions. We may remove information that violates our policies,
implement screening software designed to block offending transmissions, or take
any other action we deem appropriate, including termination of a subscriber's
contract with us.
We also are aware that many of our subscribers are,
themselves, providers of Internet services, and that information reaching our
facilities from those subscribers may have been originated by customers of those
subscribers or other third parties. We do not require our subscribers who offer
Internet services to monitor or censor transmissions created by customers of its
subscribers. At the same time, subscribers who knowingly transmit materials that
violate law or our policy are, themselves, in violation of our policy.
Similarly, we anticipate that subscribers who offer Internet services will
cooperate with us in any corrective action that we deem necessary, in order to
correct and prevent the transmission of material that is harmful to us or our
subscribers. Failure to cooperate with such corrective and preventive measures
is a violation of our policy.
We also are concerned with the privacy of
on-line communications. In general, the Internet is neither more nor less secure
than other common communications media, including mail, facsimile and voice
telephone service, all of which can be intercepted and otherwise compromised. As
a matter of prudence, however, we urge our subscribers to assume that all of
their on-line communications are insecure.
We can not take any
responsibility for the security of communications transmitted over our
facilities. We will comply fully, however, with all applicable laws concerning
the privacy of our subscribers' on-line communications. In particular, we will
not intentionally monitor or disclose any private electronic mail messages sent
or received by our subscribers unless required to do so by law. We may, however,
monitor our service electronically to determine that our facilities are
operating satisfactorily. Also, we may be required to disclose information
transmitted through our facilities in order to comply with court orders,
statutes, regulations or governmental requests. Finally, we may disclose
information transmitted over our facilities where necessary to protect us and
our subscribers from harm, or where such disclosure is necessary to the proper
operation of the system.
We expect that our subscribers who provide
Internet services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A subscriber's failure to
comply with those laws will violate our policy. Finally, we wish to emphasize
that in signing the Services Agreement, subscribers indemnify us for any
violation of the subscriber of the Services Agreement, or of law or Verio
policy, that results in loss to us or the bringing of any claim against us. This
means that if we are sued because of activities of the subscriber that violate
any law, the Services Agreement or this policy (which is part of the Services
Agreement), the subscriber will pay any damages awarded against us, plus costs
and reasonable attorneys' fees.
We hope this Policy Statement is helpful
in clarifying the obligations of Internet users, including us and our
subscribers, as responsible members of the Internet.
|
|
|